Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-03-26
A Criminal Released.


The discharge Of Patrick Casey, held
for the murder Of ID. T. Dority in Dead
wood last summer has elected much
comment. The following review of this
remarkable case, taken from the Pho
neer Of the 10th lie reproduced for the
Information of our readers:
about year ago Patrick Casey shot
and killed D. T. Dority in a fit Of pas
sion, having been told that Dority had
attempted to burn his building. Casey
was arrested, and after a preliminary
examination was admitted to bail to
appear before the grand jury. Last fall
his case was duly presented and an in
dictment returned charging Casey with
manslaughter in the second degree.
Before the defendant could be tried on
the indictment a new prosecuting attor-
ney was elected, and when the case was
moved for trial, at the request of the
present district attorney, w. J.. Nc
Laughlin, VIM Carey, his predecessor,
was appointed by the court I o represent
the territory, Mr.. Mclaughlin being
connected with the law firm who were
retained by the defendant, and there
fore knew the line of defense which had
been decided upon. A jury was en-
pannsled and the trial begun. When
the testimony for the prosecution had
been heard, Mr.. Carey moved for a dis
charge Of the jury and n dismissal of the
case, and asked hat the defendant be
held to appear before another grand
jury, on the grounds that the evidence
showed a higher degree Of crime to have
been committed than was alleged in the
indictment. In support of his motion
he quoted from the statutes a portion of
the law in criminal procedure, which
made such proceedings regular and con-
fsrred upon district courts tho power to
30 do. The motion was opposed by the
counsel for the defendant. but was sus-
tanned by the court and the matter
again referred to the grand jury. A
subsequent grand jury returned an in
dictment for murder, and on this the
case was again moved for trial. Monday
the case was called, Mr.. Carey y
ing for the prosecution and w. r. Steele
and Henry Frawley for the defense.
The defendant plead not guilty, and his
counsel moved for an acquittal on the
grounds OF former jeopardy. To this
plea the prosecution demurred, and II
of the sharpest legal contests that ever
took place in a Dakota court ensued.
Both sides had prepared long lists of
authorities, and law books by the score
covered desks and tables. A peculiari-
tylof the case was that the defense
made their plea under the same statutes
originally employed by the prosecution
and produced the California reports,
which covered a case identical to The
one at bar wherein the supreme court
Of that state had decided that the plea
OF former jeopardy, which the defense
raised, was well taken, holding that the
defendants life had been placed in
jeopardy, the moment the trial was be-
gun, although dismissed before it had
been completed, and reversed the judy
ment of the lower court, which had
convicted the defendant and ordered
the release of the prisoner. The law
was held to be unconstitutional and was
subsequently repealed. Another case,
analogous to the one on trial, was
quoted from Pennsylvania reports
wherein a similar decree was entered.
Arguments and citations occupied the
time of the court for nearly two days,
when both parties rested. Without a
moments hesitation Judge Thomas
overruled the demurrer and sustained
the plea of former jeopardy and dis
charged the defendant and ordered his
bail exonerated."